Impeachment – Page 58 – immigrationcourtside.com

FACED WITH PREDICTABLE FAILURES OF “GONZO” IMMIGRATION POLICIES, TRUMP DOUBLES DOWN ON RACISM — “Browning Of America,” Hispanic Americans, Real Targets Of The “New Jim Crow!”

https://www.washingtonpost.com/opinions/trump-is-hoping-youre-too-stupid-to-notice/2018/04/02/b20a6e9a-36a6-11e8-8fd2-49fe3c675a89_story.html

Eugene Robinson writes in WashPost:

. . . .

Leaving aside Trump’s rather Germanic approach to capitalization, that tweet is an occasion to paraphrase Mary McCarthy’s famous quip about Lillian Hellman: Virtually every word is a lie, including “and” and “the.” Democrats repeatedly offered to deal on DACA, as did Trump. No newcomers could possibly “get onto the DACA bandwagon,” because only immigrants who were brought here before 2007 were eligible. And immigrants are less likely to commit crimes than native-born citizens.

Why such a frenzy of untruth? Because Trump apparently sees anger building among his most fervent supporters over his utter failure to deliver on what they understood as his central campaign promise: to halt or reverse the flow of Latino immigration and the “browning” of America.

That’s what this is really about. On the emotional level, Trump appealed to white Anglo chauvinism. He skillfully stoked the anger and resentment of those who are annoyed when they phone the electric company to straighten out a bill and are told to press 1 for English, press 2 for Spanish. When he writes things like “our country is being stolen,” it’s crystal-clear who’s supposed to be stealing it.

What I didn’t realize during the campaign was that Trump’s base realized he could never fulfill his absurd pledge to deport all of the estimated 11 million people who are here without papers. But his supporters did expect him to do something to stem what they see as an invasion — something concrete and unambiguous. Like the promised wall.

. . . .

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Read Robinson’s complete article at the link.

White nationalism, racism, voter suppression, environmental destruction, rewarding fat cats, punishing ordinary folks and “enemies,” unnecessary trade wars, loss of international standing and leverage, destruction of honest government, war on public education, lies, immorality, greed, unethical behavior, those are what Trump and today’s sick GOP stand for. And that’s what the folks who continue to support this parody of a President and mockery of humane American values are aligning themselves with.

This is a time when the lines between human decency — the right side of history — and all the “worst things about America” — the wrong side of history — have clearly been drawn. I wonder what Dr. King would think if he were still living?

PWS

04-03-18

AS EVIDENCE OF SESSIONS’S BIAS AND INCOMPETENCE TO RUN THE IMMIGRATION COURT SYSTEM MOUNTS, HE “GOES GONZO” ON US IMMIGRATION JUDGES & IMMIGRANTS SEEKING JUSTICE — Dropping All Pretensions That These Are Anything Other Than “Kangaroo Courts,” Gonzo Imposes Assembly Line Quotas That Are Unconstitutional On Their Face!

HERE ARE THE EOIR (SESSIONS) MEMOS:

from Asso Press – 03-30-2018 McHenry – IJ Performance Metrics

03-30-2018 EOIR – PWP Element 3 new

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Both the BIA and the Federal Courts have found that “case completion goals” can’t be used as the sole basis for denying a continuance. , 531 F.3d 256 (3d Cir. 2008); Matter of Hashmi, 24 I&N Dec. 785 (BIA 2009). Rather, continuance decisions must be made case-by-case on the basis of a careful consideration and weighing of all relevant factors. By purporting to make the mathematical formulas mandatory rather than goals, the Attorney General only compounds the problem.
- Here are copies of the Hashmi cases:
- 3rd on case completion 063934p
- 3640–Hashmi
Neither Sessions nor Director McHenry has ever served as a U.S. Immigration Judge. They both are totally unqualified to determine “performance criteria” for judges supposedly exercising “independent judgment and discretion.” Indeed, Sessions was once nominated for a Federal District Judgeship but was found unqualified because of his record of racially tinged bias. He has no business being in change of any judiciary.
Numerical quotas simply have no place in a fair judicial system. Having worked with judges in both a supervisory and a collegial capacity for over two decades, my observation is that all good judges do not work at the same pace. Some simply take more time than others to reach a fair result. That doesn’t mean that they are less qualified, less hard-working, or less fair. Indeed in some cases those who take longer to reach a decision are better and more careful judges than those who are more “productive.”
The use of appeal statistics is particularly bogus. I had some cases where I was reversed by the BIA only to be vindicated by the Court of Appeals. In other cases, I was reversed by the Court of Appeals for faithfully applying a BIA precedent that was found to be erroneous. I also had cases while I was an appellate judge on the BIA where my dissenting view was ultimately found by the Court of Appeals be correct and the majority’s view erroneous .
Justice is not a “widget” that can be subjected to “performance standards” by politicos who are not judges. This is all a “smokescreen.” The real problem plaguing the Immigration Court system starts with unqualified politicos interfering in proper docket management and decision-making by judges. Jeff Sessions is a prime example of all that is wrong with the current Immigration Court system.
Contrary to the DOJ’s claim, the National Association of Immigration Judges (“NAIJ”) never agreed to these so-called “performance metrics.” I was actually part of the NAIJ team that negotiated the existing performance evaluation system. We were assured by management at that time that while non-binding “goals and timetables” might be developed by the agency as informal guidance, they were not “numerical quotas” and would not be used in determining individual performance.

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Here’s an article by Tal Kopan @ CNN on the latest memos:

Justice Department rolls out case quotas for immigration judges

By: Tal Kopan, CNN

The Department of Justice has announced it will evaluate immigration judges on how many cases they close and how fast they hear cases, a move that judges and advocates criticize as potentially jeopardizing the courts’ fairness and perhaps leading to far more deportations.

The policy has been in the works for months, as Attorney General Jeff Sessions and the Trump administration have been working to assert more influence over the immigration courts, or the separate court system built just for hearing cases about whether noncitizens have a claim to stay in the US.

US law gives the attorney general broad and substantial power to oversee and overrule these courts, as opposed to the civil and criminal US justice system, which is an independent branch of government. In the immigration courts, judges are employees of the Department of Justice.

Sessions has been testing the limits of that authority in multiple ways, and in a memo Friday, the director of the immigration courts informed judges they would now be evaluated on a set of metrics including the speed and volume of cases heard.

The Justice Department says the move is designed to make the system more efficient. The immigration courts have a backlog of hundreds of thousands of cases, and it can take years for an immigrant’s case to work its way to completion. In that time, the individuals build lives in the US, and critics point to the immigration courts’ backlog as a major factor in the number of undocumented immigrants living in the US.

“These performance metrics, which were agreed to by the immigration judge union that is now condemning them, are designed to increase productivity and efficiency in the system without compromising due process,” a Justice Department official said of the memo. The official added that any judges who fail to meet performance goals would be able to present extenuating circumstances to the Justice Department.

More: http://www.cnn.com/2018/04/02/politics/immigration-judges-quota/index.html

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There are an estimated eleven million undocumented individuals living in the United States. That population has grown up over decades primarily as the result of poorly designed and unrealistically restrictive laws that failed to recognize the need of U.S. employers for immigrant labor and further threw up artificial roadblocks to individuals already in the U.S. obtaining legal status. To claim that the Immigration Courts are a “major cause” of this accumulated undocumented population is simply preposterous.

PWS

04-03-18

LAST WEEK TONIGHT: John Oliver “Shreds The Feds” — Exposes Parody Of Justice & Due Process In U.S. Immigration Courts – With Guest Appearances By Retired Judges John Gossart & Me & Judge Dana Marks – Also Featuring “Gonzo Apocalypto “ As “The Fourth Horseman Of The Apocalypse” & “Tot Court” As Perhaps The Second Worst Court In America After The US Immigration Courts — Listen To An Actual Recording Of An Immigration Judge Misapplying Protection Law in A 4-Question, 1 Min. 43 Sec. “Kangaroo Court” Hearing Resulting In An Assault At Gunpoint!

Here’s the video:

https://www.huffingtonpost.com/entry/john-oliver-immigration-court_us_5ac1c6c7e4b0f112dc9d6582

The tragedy is that bad as this sounds, the reality of what’s going on every day in this broken, failed, and disingenuous system is probably much worse than what’s portrayed here.

Yup, we can all chuckle at others’ misfortune. But, if Trump, Sessions, and the White Nationalist restrictionist crowd aren’t removed from office, this will be how all of our rights are treated. Someday, all of us are going to need to rely on our Constitutional rights. And, if Trump & Sessions have their way, you’ll be longing for the “Kiddie Court” rather than the travesty that’s being called “Due Process” in our Immigration Courts.

Harm to the most vulnerable among us is harm to all. Join the New Due Process Army and fight for the real America! Due Process Forever! Trump & Sessions Never!

PWS

04-02-18

TRUMP ADMINISTRATION’S UNWARRANTED ATTACK ON OUR CHILDREN IS AN ATTACK ON AMERICAN VALUES!

https://www.washingtonpost.com/opinions/do-we-really-want-16-million-children-without-parents/2018/03/29/46d78b6a-335b-11e8-94fa-32d48460b955_story.html?utm_term=.5602ef577586

Former Delaware Governor Jack Markell in the Washington Post:

Jack Markell, a trustee of the Annie E. Casey Foundation, was governor of Delaware from 2009 to 2017.

Reading recent stories about U.S. citizens being forcibly separated from their undocumented parents reminds me of a visit I made to South Africa in 1985.

During that trip, I spent several days with the Black Sash in Johannesburg and Cape Town. This group of white women had formed 30 years earlier to protest legislation designed to remove voting rights of “coloured” South Africans. Over time, the Black Sash evolved from protest to advocacy, and by the time of my visit, it had grown to thousands of women who volunteered their time to help black and mixed-race South Africans deal with the horrendous laws and regulations of apartheid.

Among the most painful of the system’s effects was the destruction of families. Meeting with the Black Sash volunteers, I saw teenagers who had been removed from their families and black families forced to move from Johannesburg to a far-off rural “homeland” where they had no relatives.

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Now, in our own country, the Trump administration is preparing to threaten the well-being of 16 million U.S. citizens who live with their immigrant parents.

That’s right. Sixteen million U.S.-born children under 18 would be on the receiving end of a series of new proposals from President Trump’s team that could make it more difficult for parents to stay in the United States legally — and, even if they remained here, would reduce the likelihood that those parents would avail themselves of the services designed to keep their children healthy.

The proposals are embodied in changes to the “public charge” regulations, which limit the cost to the government of caring for immigrants. This concept has been in the law for decades. The difference with these proposals is that they would allow officials to include nutrition, health and other programs among the benefits that can be used to define an immigrant as being too dependent on public aid. That means immigrants availing themselves of those benefits — even for their children who are U.S. citizens — could be barred from obtaining a new visa or becoming a lawful permanent resident.

So, not surprisingly, an increasing number of immigrants are no longer enrolling their citizen children in government-sponsored health-care programs or feeding them with groceries purchased with food stamps. (Almost half of all immigrant-headed households with children buy food with the assistance of the government.)

Our country has historically made sure that a safety net will prevent our most vulnerable children from going hungry or without health care. These proposed changes reflect a betrayal of our core values.

Administration officials claim that they are proposing these changes in order to protect taxpayers. This argument is — at best — penny-wise and pound-foolish. Hungry and unhealthy children are more likely to be chronically dependent on government services and less likely to find good jobs and pay taxes.

Even without the rules being put into effect, we’re seeing massive negative consequences for many of these children. The advocacy group CLASP recently released research that reveals how the combination of fear caused by possible separation from parents and increased economic uncertainty has increased toxic stress among children from families who have members with different immigration statuses.

While these rules have not yet taken effect, once they are introduced, they could become the law of the land within a few months. In the meantime, once the regulations are posted for public comment, it’s critical for those who care about fiscal prudence as well as those who believe that it’s important to help keep our citizen children with their families to act. They must protest on behalf of these vulnerable children and on behalf of our core American values.

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Yup, an Administration of liars and child abusers is about as low as it can go. But, that’s what we have until 2020 and perhaps longer if decent Americans don’t wake up,.get motivated, and vote Trump and his corrupt GOP enablers and fellow travelers out of office!

Harm to the most vulnerable among us is harm to all!

PWS

04-02-18

YUP, TRUMP’S RIGHT: They’re Laughing In Mexico, But It’s At Trump’s Immigration Lunacy!

https://www.washingtonpost.com/news/worldviews/wp/2018/04/01/why-a-u-s-bound-caravan-of-central-american-migrants-is-getting-trumps-attention/?utm_term=.4d9526258823

Alex Horton reports for WashPost:

In a three-tweet salvo Sunday morning, Trump decried recent struggles with congressional Democrats to reach a deal that would legalize the status of millions of “dreamers” — undocumented immigrants who were brought to this country as children.

“Border Patrol Agents are not allowed to properly do their job at the Border because of ridiculous liberal (Democrat) laws like Catch & Release,” Trump said in his first tweet. “Getting more dangerous. ‘Caravans’ coming. Republicans must go to Nuclear Option to pass tough laws NOW. NO MORE DACA DEAL!”

DACA refers to the Obama-era Deferred Action for Childhood Arrivals program, which Trump ended in the fall. The program had allowed dreamers to live in the country without fear of deportation.

Trump, a self-proclaimed “Fox & Friends” fan, appears to have fired off the tweets in response to a segment on the program in the morning (at least the National Border Patrol Council sees a connection, it claimed in a post afterward).

Why are they moving in a caravan?

The Fox News opinion segment was in response to a BuzzFeed report on Friday that more than a thousand Central Americans, primarily from Honduras, were winding their way up through Mexico to the U.S. border on a nearly month-long trip that began March 25. These migrants are looking to seek asylum from criminal elements back home or slip into the United States undetected.

Moving in a large group is expected to blunt the efforts of criminal gangs and cartels known to isolate and later rob immigrants, many of whom bring large sums of money to make the long journey north through Mexico. The caravan organizers, Pueblos Sin Fronteras, or People Without Borders, appeared to have concluded that it is safer for these people to travel together.

[ Trump keeps calling the Southern border ‘very dangerous.’ It is — but not for Americans. ]

That trip can be deadly as people find their way along various routes that go directly north to Texas, northwest to Arizona or along the coast to California.

Just about every route is more than a thousand miles long and is canvassed by robbers and corrupt police who shake down the immigrants, who have little access to legal recourse. A network of commercial locomotives is veined throughout Mexico in a 1,450-mile cannonball run. Migrants ride on top of the trains, occasionally falling off and breaking bones or suffering severe dehydration.

Central American immigrants get on the “La Bestia” cargo train in Arriaga, Mexico, on July 16, 2014, in an attempt to reach the Mexico-U.S. border. (Elizabeth Ruiz/AFP/Getty Images)

Members of the caravan said they would attempt to ride the trains, but in 2014, more guards and trains moving faster through stations made it more difficult for migrants to catch rides.

Migrants have many names for the trains, such as “El tren de los desconocidos” (the train of the unknowns) and “El tren de la muerte” (the train of death).

But its most common name is “La Bestia”: the Beast.

What is Mexico doing about the flow of migrants?

“Mexico is doing very little, if not NOTHING, at stopping people from flowing into Mexico through their Southern Border, and then into the U.S. They laugh at our dumb immigration laws. They must stop the big drug and people flows, or I will stop their cash cow, NAFTA. NEED WALL!” Trump said in his second tweet.

Mexico is doing something — with the help of the United States. Hundreds of millions of dollars in aid flow to Mexico every year, including funds for strengthening its border with Guatemala, where migrants generally cross.

[ Trump threatens to ‘stop’ NAFTA if Mexico doesn’t better secure border ]

Billions in additional spending authorized by President Barack Obama in 2014 was prompted by thousands of unaccompanied minors arriving on the U.S.-Mexico border, mostly Central Americans fleeing horrific crime waves and economic crises in Honduras, El Salvador and Guatemala. About 300,000 migrants were detained by Mexican authorities in the next two years.

The caravan began in Tapachula, BuzzFeed reported, nestled just on the other side of the border, and no authorities in Mexico appear to have stopped it as of Friday.

What is Trump doing about it?

Trump’s proposals to reduce aid to Mexico would raise the possibility that the country would be less able to stem flows of migrants and drugs coming across its border.

The president has been caught in a contradiction of policy on the border before.

The budget for the U.S. Coast Guard stayed flat in 2018 despite spending increases across the Pentagon (the Coast Guard falls under the Department of Homeland Security). But the service seizes three times as much cocaine moving by sea as what U.S. agencies intercept at border checkpoints, putting a dent into Trump’s argument that a border wall would dry up the supply of hard drugs in the United States.

Trump has been more focused on DACA and the border wall lately. He has suggested that the program may be the reason the caravan has massed.

“These big flows of people are all trying to take advantage of DACA. They want in on the act!” Trump said in a tweet.

He later said outside a church before Easter services Sunday: “A lot of people are coming in because they want to take advantage of DACA. They had a great chance. The Democrats blew it.”

But that description of DACA appears to misrepresent the program’s intent, which was to provide protection for immigrants who were brought to the United States illegally as children. The adults in the caravan wouldn’t qualify for DACA. White House press secretary Sarah Huckabee Sanders did not respond to a request for comment on the matter.

“I asked some of the migrants on the caravan what they thought about Trump saying they were going to the US for DACA,” BuzzFeed reporter Adolfo Flores tweeted Sunday. “Some laughed and others said they thought (correctly) they wouldn’t qualify.”

Flores reported Friday afternoon that the caravan had gone more than 200 miles northwest in less than a week, crossing into the Mexican state of Oaxaca.

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Trump, Sessions, Miller, Homan, Nielsen and the rest of the White Nationalist cabal live in their own parallel universe where bias, hate, racism, xenophobia, lies, fears, cowardice, and political manipulation block out any rays of truth or reason. It’s certainly bad for our country to have such distorted, divisive, dishonest, and incompetent leadership. But, it’s a fact of life that the rest of us just have to deal with if we want to live in the present moment and try to prevent future disasters.

Undoubtedly, the Trump Administration’s inhumane and short-sighted policies will inflict some unnecessary pain and hardship on individuals who otherwise would be our friends and become loyal and productive members of our society. But, it’s unlikely that any of Trump’s blustering or the Administration’s “Gonzo” immigration enforcement policies and “Alice in Wonderland” pronouncements will have much lasting effect on migration patterns except, perhaps, to increase the number of people living in the United States without documents by artificially shutting down some of the existing paths that encourage individuals to come forward and obtain documentation or to enter the U.S. through the legal system in the first place. As with so much that this Administration is doing, it will be left for future generations to clean up the mess.

Wow, if these pathetic Dudes who supposedly govern us are this afraid of a few ragtag scared refugees moving north, what would they do in the face of a real army, a real invasion, and a real danger to our country? There wouldn’t be enough desks in Washington for them all to hide under!

PWS

04-02-18

JUDGE STEPHEN REINHARDT 1931-2018 – Stalwart Defender Of US Constitution, Due Process, & Individual Rights Dies At 87 – “Unapologetic Liberal” Jurist Stood On Principle, Unfazed By Grenades Constantly Lobbed His Way By Right Wing & Supremes!

http://enewspaper.latimes.com/infinity/article_share.aspx?guid=92a5fc77-cf2b-4fbf-ac39-2ef3b89812fa

Maura Dolan reports for the LA Times:

By

Judge Stephen Reinhardt, the liberal face of the 9th U.S. Circuit Court of Appeals, died Thursday afternoon, a court spokesman said. He was 87.

The spokesman said Reinhardt died of a heart attack during a visit to a dermatologist in Los Angeles.

“All of us here at the 9th Circuit are shocked and deeply saddened by Judge Reinhardt’s death,” 9th Circuit Chief Judge Sidney R. Thomas said. “We have lost a wonderful colleague and friend.”

Thomas called Reinhardt “deeply principled, fiercely passionate about the law and fearless in his decisions.”

“He will be remembered as one of the giants of the federal bench. He had a great life that ended much too soon,” Thomas said.

Reinhardt, an appointee of former President Carter, was dubbed the “liberal lion” of the federal circuit courts.

His rulings in favor of criminal defendants, minorities and immigrants were often overturned by the more conservative U.S. Supreme Court.

Many lawyers have joked that Reinhardt’s name on a ruling was probably enough to get the attention of the conservatives on the Supreme Court. In 1996, after Reinhardt was reversed several times by the Supreme Court, The Times asked him if he was upset.

“Not in the slightest!” he boomed. “If they want to take away rights, that’s their privilege. But I’m not going to help them do it.”

No matter how many reversals he endured, Reinhardt used the bench to try to help the underdog. Just a few months ago, he called The Times to read a reporter a letter from a woman who had just been released from prison and who wanted to thank him for ruling in her favor.

“He was a giant not just on the 9th Circuit but within the law,” UC Berkeley law school Dean Erwin Chemerinsky said. “He also was a judge with a particular vision of the law, based on enforcing the Constitution to protect people.”

Reinhardt joined another judge in ruling that the words “under God” in the Pledge of Allegiance were unconstitutional, a decision that was later overturned.

He wrote a ruling that said laws prohibiting physician-assisted suicide were unconstitutional and another that overturned California’s previous ban on same-sex marriage.

Reinhardt also lamented Supreme Court rulings that limited judges’ ability to overturn convictions and sentences on habeas corpus and complained about the flaws in death penalty cases.

He was among the federal judges who decided that overcrowding in California’s prison system was unconstitutional.

“His view was to decide cases as he believed the law required, not to predict what the Supreme Court would do,” Chemerinsky said. “He was unapologetic about that.”

Conservatives often railed against Reinhardt, calling him lawless. They accused him of never voting to uphold a death sentence. Reinhardt, asked about that, said he was not sure.

He was particularly close to former 9th Circuit Judge Alex Kozinski, considered a conservative with libertarian views. They were dubbed the “odd couple.”

When Kozinski retired under pressure in December in response to sexual harassment allegations, Reinhardt bemoaned the departure. He said he kept a photograph of Kozinski planting a kiss on his cheek in his chambers.

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Read Dolan’s complete obit on Judge Reinhardt at the above link.

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My friend and former BIA colleague Judge Lory Diana Rosenberg added this heartfelt tribute:

I am heartbroken to learn of Judge Reinhardt’s dying. Just knowing he was alive and participating in our courts gave me deep hope that justice would prevail, at least in some quarters. I am so fortunate to have known him and to have spent a tiny bit of time with him and his wife at an international meeting years ago. He is a giant among judges. I will miss him.

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Here’s an excerpt from my favorite Judge Reinhardt concurring opinion in Magna-Ortiz v. Sessions:

The government’s insistence on expelling a good man from the country in which he has lived for the past 28 years deprives his children of their right to be with their father, his wife of her right to be with her husband, and our country of a productive and responsible member of our community. Magana Ortiz, who first entered the United States at 15, is now 43 years old, and during his almost three decades here has raised a family and built a successful life. All of his children, ages 12, 14, and 20, were born in this country and are American citizens, as is his wife. His eldest daughter currently attends the University of Hawaii, and he is paying for her education.

. . .

President Trump has claimed that his immigration policies would target the “bad hombres.” The government’s decision to remove Magana Ortiz shows that even the “good hombres” are not safe.3 Magana Ortiz is by all accounts a pillar of his community and a devoted father and husband. It is difficult to see how the government’s decision to expel him is consistent with the President’s promise of an immigration system with “a lot of heart.” I find no such compassion in the government’s choice to deport Magana Ortiz.

We are unable to prevent Magana Ortiz’s removal, yet it is contrary to the values of this nation and its legal system. Indeed, the government’s decision to remove Magana Ortiz diminishes not only our country but our courts, which are supposedly dedicated to the pursuit of justice. Magana Ortiz and his family are in truth not the only victims. Among the others are judges who, forced to participate in such inhumane acts, suffer a loss of dignity and humanity as well. I concur as a judge, but as a citizen I do not.

2 The family’s right to occupy their home will terminate upon Magana Ortiz’s removal.

3 On January 25, 2017, the President signed a series of executive orders dismantling the system of priorities that had previously guided Immigration and Customs Enforcement and Border Patrol in determining whom to deport. The orders also gave far greater authority to individual agents and officers, who are now removing non-citizens simply because they are here illegally, regardless of whether they have committed any offense. In light of the breadth of these orders and the lack of any apparent limit on agents’ discretion, the undocumented must now choose between going to work, school, hospitals, and even court, and the risk of being seized. See James Queally, ICE Agents Make Arrests at Courthouses, L.A. Times, March 16, 2017.

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I must say that I had the same feelings as Judge Reinhardt on a number of occasions in my judicial career, although I never expressed them as eloquently as he did.

The wastefulness and futility of spending Government time, money, and authority removing fine people who were making remarkable contributions to our country, our economy, and our society certainly was apparent at the Immigration Court level. That this Administration has cynically chosen to aggravate this inhumane and quite frankly stupid situation rather than to attempt to fix it is most disheartening as is the fact that by placing them and retaining them in power we all become complicit in their bias and injustice! Harm to the most vulnerable among us is harm to all!

You can read the 9th Circuit’s complete decision in Magana Ortiz v. Sessions including Judge Reinhardt’s concurrence at this link:

Magana-Ortiz-9thReinhardt17-16014

PWS

03-30-18

JOSHUA MATZ IN WASHPOST: The Litigating Strategy Of Unrelenting Animus – Will It Eventually Win For The Trumpsters, Even While Destroying Our Legal System?

https://www.washingtonpost.com/opinions/getting-deja-vu-on-trumps-transgender-ban-youre-not-alone/2018/03/27/4e78091e-312e-11e8-8bdd-cdb33a5eef83_story.html

By Joshua Matz March 27 at 7:14 PM

Joshua Matz is a constitutional lawyer based in the District. He is also the publisher of the legal analysis blog Take Care.

President Trump is hard at work making animus the law of the land. Justice Department lawyers revealed his latest effort Friday night, announcing a revised plan to exclude nearly all transgender soldiers from the armed forces.

As many commentators have observed, the reasoning offered to support Trump’s policy is riddled with empirical errors and anti-trans stereotypes. It comes nowhere close to disproving the comprehensive study in 2016 that recommended allowing transgender people to serve openly. Like so many other missives from this White House, it makes only a token effort to conceal the disdain and disgust that underlie it.

Trump’s original “transgender ban” was blocked by four federal courts. After two of those rulings were affirmed on appeal, the administration decided against seeking Supreme Court review. It’s therefore safe to assume that Trump’s latest order will not go into effect unless it survives constitutional challenges.

And in thinking about that litigation, it’s hard to escape a feeling of deja vu. A little more than 14 months into Trump’s presidency, a pattern has emerged in cases challenging some of his most despicable decisions.

. . . .

It remains to be seen when and where these arguments will succeed. As a logical matter, there must be some limits. Evidence that Trump originally acted with impermissible motives cannot (and should not) permanently preclude him from making policy.

But that isn’t the situation we confront. Trump has made no effort whatsoever to dispel or deny the aura of animus that envelops so many of his orders. To the contrary, he and his advisers have leaned into the hate. With each passing day, it spreads like a poison.

We thus live in a strange new world, where bigots serve openly and soldiers are forced into closets.

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Go on over to the WashPost at the link for the complete article.

The problem, as noted by Matz, is that our system isn’t designed to deal with unremitting hate and bias from it’s most active, and supposedly most responsible, litigant, the U.S. Government. Usually, after a few “warning shots across the bow,” the Executive gets the picture and changes strategies.

But, led by White Nationalists like Trump and Sessions, this Administration simply “doubles down” on thinly disguised hate and bias motivated policies. At some point, the Article III courts are likely to become both frustrated and exhausted. By continuing to “knock down” bias-based policies and actions, the Article IIIs become part of the political fray, which makes them uncomfortable. Perhaps at that point, they will just start giving Trump & Co. “free passes.” Indeed, some Federal Courts, including perhaps the Supremes, already appear prepared to “punt” on the daily dose of legally questionable and indecent legal positions spewed forth by this Administration.

PWS

03-29-18

BESS LEVIN @ VANITY FAIR: Trump Contemplating Misappropriating Military Funds For “His Wall!”

Bess writes in The Levin Report:

Of the untold number of stupid things that have come out of Donald Trump’s mouth, making a strong case for the stupidest was his claim, as he announced his candidacy for president, that he would build a wall on the southern border of the country and make the “criminals” and “rapists” in Mexico pay for it. So dumb was this declaration that even Trump eventually realized he would have to tweak it, probably around the time that Mexico’s president, Enrique Peña Nieto, said there was no way in hell he would fund the project. From there, Mr. Art of the Deal changed his story to taxpayers will put up the money initially, but Mexico will pay us back;which later became Mexico will pay for the wall through import tariffs; which quickly changed to Mexico will pay for the wall indirectly through NAFTA,” which morphed, earlier this month, into the wall will pay for itself. And now, the president has landed on a new idea: make the military pay for it.

Trump has privately been making the case that the Pentagon should use some of the $700 billion it received as part of last week’s spending bill to fund his vanity project, The Washington Post reported Tuesday. After mentioning it to several advisers last week, Trump reportedly floated the idea by House Speaker Paul Ryan in a meeting on Wednesday at the White House, to which Ryan “offered little reaction.” During another meeting, this one with senior aides, Trump apparently whined about how much money the Department of Defense was getting, noting that surely the Pentagon could afford to part with a few (or, say, 67) billion dollars. According to reporters Josh Dawsey and Mike DeBonis, President Temper Tantrum has had a hard time watching TV lately—heretofore his only solace in this cruel world—due to criticism of the spending deal he signed last week, and the fear that his base could sour on him without any wall progress. (The fact that he allegedly had an affair with a porn star, whom he subsequently paid off to stay quiet, is obviously a plus for them.) Currently, just $641 million is earmarked for new fencing, and it can only be used on “operationally effective designs that were already deployed last May,” meaning that unless something changes, the prototypes Trump recently visited in California will be just for show.

Of course, as everyone but the president seems to understand, it’s highly unlikely that the Pentagon would divert funds from the military to finance the wall, which experts say won’t actually stop the flow of illegal immigration at all, and which would require Congressional votes that Trump obviously doesn’t have. Not only will Democrats take a hard pass military spending paying for his fence, but Pentagon officials, per White House advisers, “may also blanch at the possibility.” In a statement to the Post,Minority Leader Chuck Schumer made his feelings pretty clear. “First Mexico was supposed to pay for it, then U.S. taxpayers, and now our men and women in uniform? This would be a blatant misuse of military funds and tied up in court for years. Secretary [James] Mattis ought not bother and instead use the money to help our troops, rather than advance the president’s political fantasies,” he said.

That virtually no one is going for the idea hasn’t stopped Trump from floating it in his preferred venue of choice. Over the weekend he suggested on Twitter that the military should scrounge up the money for national security reasons:

The national security argument might hold a bit more water if the Trump administration hadn’t targeted traditional border security measures for for cuts or delays in funding that experts say “[pose] a serious threat to border security.” (Those experts also say that the The Wall will largely useless “unless it’s 35,000 feet high.”) Meanwhile, at the White House, good soldier Sarah Sanders on Tuesday told reporters that the administration “still has plans to look for potential ways” for Mexico to pay for the wall.

Anyway, stay tuned for next week when Trump privately presses for the Department of Veterans Affairs to quit being so stingy and pony up the dough. How much money do they really need to treat PTSD?

Team Trump has a special treat in store for the bank industry

It’s the appointment of Jelena McWilliams at the F.D.I.C., which will result in a trifecta of deregulation-happy officials atop the nation’s banking regulators, per The Wall Street Journal:

When that happens, the F.D.I.C., the Federal Reserve and Office of the Comptroller of the Currency will be able to move ahead on a number of the Trump administration’s policy priorities, such as adjusting capital and liquidity requirements, easing restrictions on short-term consumer loans and relaxing the 2010 Dodd-Frank financial law’s proprietary trading ban, the Volcker rule.

Ms. McWilliam’s arrival likely will coincide with the completion of a bill in Congress aimed at easing crisis-era banking regulations, another catalyst for changes to the financial rule book.

Isaac Boltansky, the policy research director at Compass Point Research & Trading LLC, told W.S.J.that, “With Congress likely to pass the only financial deregulatory bill for the near future, it will be the alphabet soup of new regulators who decide the tone and tenor of the new deregulatory agenda.” #MAGA!

Wilbur Ross does the G.O.P. a solid

Overriding the advice of career officials who warned that adding a question to the 2020 census about citizenship will lead to fewer responses from people worried about deportation, Ross decided on Monday to just go for it, writing in a memo he had “determined that reinstatement of a citizenship question on the 2020 decennial census questionnaire is necessary to provide complete and accurate census block level data” (the last time the citizenship question was on the census was in 1950). That’s an interesting argument, given that the very reason census officials didn’t want to reinstate the question is a fear that it will lead to lower response rates. Which may be all part of the plan:

Critics of the change and experts in the Census Bureau itself have said that, amid a fiery immigration debate, the inclusion of a citizenship question could prompt immigrants who are in the country illegally not to respond. That would result in a severe undercount of the population—and, in turn, faulty data for government agencies and outside groups that rely on the census. The effects would also bleed into the redistricting of the House and state legislatures in the next decade.

Others argued that an undercount in regions with high immigrant populations would lead not only to unreliable data but also to unfair redistricting, to the benefit of Republicans.

In response to the decision by Ross, the human equivalent of a smoking jacket and cigar, the states of California and New York have sued the Trump administration.

Trump takes full responsibility for stock-market sell-off

Just kidding, of course. The president, who took the time out of his busy day on Monday to pat himself on the back for yesterday’s rally, was suddenly too busy to tweet about today’s drop.

Elsewhere!

At least 50 people on Wall Street think “Billions” characters are based on them (Business Insider)

Ross says market is realizing the tariffs are bargaining chips for better trade deals (CNBC)

Zuckerberg Expected to Testify Before Congress on Cambridge Analytica Scandal (Wired)

The Billionaire Whisperer Who United Bezos, Buffett, and Dimon (Bloomberg)

The White-Collar Wives Club (N.Y.T.)

Trump claimed the tax bill would lead to a huge boost in business spending—but there’s no sign of it yet (Business Insider)

Deutsche Bank Examines Potential Successors to C.E.O. John Cryan (W.S.J.)

Manafort Asks Virginia Judge to Dismiss Tax, Bank-Fraud Case (Bloomberg)

Mulvaney nears victory in struggle with Mnuchin on tax rules (Politico)

Ring-bearing owl causes chaos at British wedding (UPI)

*********************************

Go on over to Bess @ Vanity Fair for the complete Levin Report at this link:

http://tinyletter.com/besslevin/archive

More threatening essentially to break or evade the law from our “Con-Man-In-Chief.” “Normalizing” this erratic, “Third World Dictator” conduct doesn’t make it “normal” or “acceptable.” It reflects on the folks willing to enable and apologize for Trump (although apology is something he never does, no matter how egregious his lies or misconduct.)

Ironically, Trump likely could have had “His Wall” funded if he had been willing to support a bipartisan “Dreamer Compromise” just a few weeks ago.

PWS

03-28-17

THE “BIG NAME” CLIENT NO LAWYER WANTS!

https://www.washingtonpost.com/politics/in-another-blow-to-trumps-efforts-to-combat-russia-probe-digenova-will-no-longer-join-legal-team/2018/03/25/8ac8c8d2-3038-11e8-94fa-32d48460b955_story.html

Josh Dawsey, Carol D. Leonnig and Rosalind S. Helderman report in WashPost:

President Trump’s legal team reversed course Sunday, announcing that a lawyer slated to join the attorneys handling the response to special counsel Robert S. Mueller III’s Russia investigation will not come on board after all, the latest sign of disarray for Trump’s legal strategy.

The development came three days after John Dowd, who had been Trump’s top attorney handling the Russia inquiry, resigned amid strategy disputes with the president.

Trump is now left, at least temporarily, without a traditional criminal defense attorney as Mueller’s team appears to be entering a critical phase in its investigation into Moscow’s interference in the 2016 election and whether the president’s campaign cooperated with Russia in this effort.

Joseph diGenova, the lawyer Trump wanted to replace Dowd, has often stridently defended the president on Fox News Channel and cast the Mueller probe as a conspiracy against him. Trump enjoyed the TV appearances and wanted diGenova on his team even though he did not know him, officials say.

But in a statement on Sunday, a spokesman for Trump’s legal team said both diGenova and his wife, Victoria Toensing, who is also a lawyer, would not be working on the Russia probe because clients they are representing in connection with the investigation posed conflicts of interest.

One of President Trump’s personal attorneys, John Dowd, resigned on March 22, amid a shake-up of the president’s legal team for the Russia investigation. (Jenny Starrs/The Washington Post)

“The President is disappointed that conflicts prevent Joe diGenova and Victoria Toensing from joining his Special Counsel legal team,” Jay Sekulow, counsel to Trump, said in the statement. “However, those conflicts do not prevent them from assisting the President in other legal matters. The President looks forward to working with them.”

[Trump has trouble finding attorneys as top Russia probe lawyer leaves legal team]

The unraveling of the president’s legal team has left his advisers concerned. People familiar with the situation said the president has been counseled by friends that he needs to find a new lawyer to quarterback his team, and efforts are underway by people close to Trump to hire a new lawyer.

Before his resignation Thursday, Dowd had been Trump’s main point of contact with Mueller’s office and had been helping to negotiate the terms for an interview between the president and the special counsel’s team as it examines whether Trump obstructed justice by allegedly seeking to shut down the investigation, which was being conducted by the FBI until Trump fired FBI Director James B. Comey in May. Mueller was then appointed special counsel by Deputy Attorney General Rod J. Rosenstein.

Trump’s legal effort is now led by Sekulow, a conservative attorney and radio host who has concentrated on constitutional issues, and assisted by Ty Cobb, a White House lawyer paid by taxpayers to represent the institution of the presidency rather than Trump personally. Cobb, too, has occasionally drawn the president’s ire, people familiar with the team have said.

A number of white-collar attorneys in Washington said the president has been unable to attract top-flight talent as he looks to overhaul his legal team, with major firms fearful that an affiliation with Trump and the Russia case could impact their ability to attract other clients and hire new lawyers.

Trump has recently been relying on Marc E. Kasowitz, who led his legal team until this summer and has represented Trump in several cases over the years. Kasowitz and Trump clashed over a number of issues, including Kasowitz’s belief that Jared Kushner, the president’s son-in-law and a top White House aide, needed to leave the administration because of the potential legal problems he faced due to the probe and the potential problems they could cause Trump. After Dowd’s hiring, Kasowitz took a diminished role in handling the case.

Ultimately, said one person close to Trump’s legal team, “He’s his own lawyer. Always has been and always will be.”

The person added: “You know what they say about a ‘lawyer’ who has himself as a client.”

**************************************

Read the entire article at the link.

“A lawyer who represents him or herself has a fool for a client.”

PWS

03-26-18

INSIDE THE GATHERING STORM: Making America Porny Again: Daniels Says Skill Set From Adult Entertainment Career Gives Her A Leg Up In Dealing With Trump!

https://www.washingtonpost.com/national/on-eve-of-60-minutes-interview-stormy-daniels-says-working-in-porn-helped-prepare-her-for-public-scrutiny/2018/03/24/b1555594-2ea6-11e8-8ad6-fbc50284fce8_story.html

Emma Brown & Frances Stead Sellers report for WashPost:

Stormy Daniels said Saturday that her work in the porn industry has helped her prepare for the international attention she faces on the eve of a much-anticipated television interview about her alleged affair with Donald Trump and the hush money she says she received to keep it quiet.

“Being in the adult industry, I’ve developed a thick skin and maybe a little bit of a dark sense of humor,” she told The Washington Post. “But nothing could truly prepare someone for this.”

Daniels is scheduled to be the star attraction of the CBS newsmagazine “60 Minutes” on Sunday evening, a broadcast that caps a two-week media blitz by her attorney, Michael Avenatti. As Daniels’s image and story have become 24/7 fodder for cable news shows, Avenatti has hinted repeatedly that there are more details yet to come out — including in a tweet Friday suggesting that he has a DVD with new information.

In a brief interview Saturday evening, with Avenatti on the line, Daniels sounded upbeat, even as she acknowledged that the media circus she’s attracted has changed her day-to-day life as a wife, mother and adult-film director.

“Without a doubt it’s cutting into my horse show time,” said Daniels, who is an avid equestrian. “And time with friends.”

. . . .

Daniels told The Post on Saturday that she’s been the target of hatred on social media in recent weeks. But she said she also has been overwhelmed by an outpouring of support. When somebody recently accused her of being a liar on Twitter, she said, she received a flood of messages with hashtags like #Ibelieveyou and #teamstormy.

“I didn’t do this to get any sort of approval from anyone or recognition,” she said. “I simply wanted to tell my personal truth and defend myself.”

. . . .

****************************************

Go on over to WashPost at the above link for the complete article by Emma and Frances.

So far, the Stormster has outfoxed the Trumpster at ever turn. Which always brings me back to the same question: How did a smart, multi-talented, personable, on the ball individual like Daniels/Clifford get mixed up with a creep like Trump in the first place?

Tune in to “60 Minutes” tonight and maybe you’ll find out!

PWS

03-25-18

TAL @ CNN: A “Gold Star Father” Urges The Supremes To Reject Discriminatory “Muslim Ban!”

http://www.cnn.com/2018/03/23/politics/khizr-khan-brief-muslim-travel-ban-supreme-court/index.html

Tal writes:

“Washington (CNN)Gold Star father Khizr Khan wrote a personal appeal to the Supreme Court on Friday to strike down President Donald Trump’s travel ban, using his family’s story to argue the ban is unconstitutional and “desecrates” his son’s sacrifice.

Known for his impassioned speech at the 2016 Democratic National Convention, Khan is a lawyer and the father of Capt. Humayun Khan, an Army captain who was killed when he moved to stop a car containing suicide bombers headed toward his base in Iraq, for which he was posthumously awarded the Bronze Star.

Originally from Pakistan and a Muslim, Khan filed the legal brief on Friday because, in his view, Trump’s travel ban “not only desecrates Humayun Khan’s service and sacrifice as a Muslim- American officer in the United States Army, but also violates Khizr Khan’s own constitutional rights,” his attorney wrote in the brief.

He lost his son in Iraq and drew Trump’s ire. Now hear this Muslim American’s Veterans Day message.

The brief describes the Khan family’s history and the service of Humayun Khan, mentioning as well Khan’s speech at the DNC where he held up a pocket Constitution and emotionally asked Trump if he’d read it.

The brief also notes Trump’s comments on the campaign trail that he wanted to institute a “Muslim ban,” a key component of critics’ arguments that the administration’s travel ban is a thinly veiled attempt to target Muslims.

Supreme Court sets travel ban arguments for final day of term

“The taint of discrimination has not been washed away,” the brief argues, saying the latest travel ban and its predecessors all flow from that original idea.

“The message is that Muslims are unwelcome outsiders,” it continues. “And that message has been received loud and clear — not only by Muslims like Mr. Khan, but by those who have been denigrating and attacking Muslims with increasing frequency and vehemence since President Trump called for, and then began trying to implement, his unconstitutional Muslim Ban.”

Gold Star father Khizr Khan slams John Kelly’s defense of Trump

“The message is that Muslims are outsiders, regardless of the depth of their devotion to the Constitution, and despite paying the ultimate price to defend it. That message is painfully clear to Mr. Khan,” the brief states.

Khan’s attorney, Dan Jackson, said the Gold Star father felt compelled to weigh in because of the impact of the travel ban on his son’s legacy, and added Khan has a “fierce devotion” to the Constitution.”

*********************************

Go on over to CNN at the link to read Tal’s complete article.

The rich irony here is that the individuals who “designed” the “travel ban” — Trump, Sessions, Miller — have shown a total disdain for our Constitution. Time and time again, they have failed in their duty to protect the rights of everyone in America, regardless of race, religion, gender, or status. What kind of country disrespects the memory of those who have died in its defense while allowing itself to be governed by biased, morally bankrupt, intellectually dishonest individuals who reject the very notion of a Constitutional republic?

PWS

03-24-18

GONZO’S WORLD: McCABE’S ATTORNEYS WONDER WHY HE WASN’T TREATED WITH THE SAME LENIENCY AS GONZO

Click on this picture for the NYT link:

https://www.nytimes.com/2018/03/21/us/politics/sessions-fbi-investigation-perjury.html

Adam Goldman, Katie Benner, Matt Apuzzo report for the NYT:

WASHINGTON — The F.B.I. investigated Attorney General Jeff Sessions for possible perjury last year over congressional testimony in which he said he had no contacts with Russians, according to three people familiar with the case.
In fact, Mr. Sessions later acknowledged, he had personally met the Russian ambassador to the United States during the campaign and was aware that George Papadopoulos, a campaign adviser, had developed Russian ties, too. F.B.I. agents were aware of both inaccuracies in real time. And last March, when Congress asked the F.B.I. to investigate the attorney general, agents began doing so, two of the people said.
Andrew G. McCabe, the F.B.I.’s deputy director at the time, authorized the investigation, the two people said. Mr. McCabe himself was recently fired for showing “lack of candor” in an internal investigation. Mr. Sessions rejected Mr. McCabe’s appeal and fired him hours before his retirement was to take effect, jeopardizing his pension.
The investigation into Mr. Sessions began before Robert S. Mueller III was appointed special counsel to investigate Russia-related matters. Mr. Sessions’s lawyer, Chuck Cooper, said no investigation is being conducted now.
“The special counsel’s office has informed me that after interviewing the attorney general and conducting additional investigation, the attorney general is not under investigation for false statements or perjury in his confirmation hearing testimony and related written submissions to Congress,” Mr. Cooper said in a statement.
The investigation was first reported by ABC News.
Perjury investigations based on congressional referrals are common, and the F.B.I. frequently investigates but seldom charges. But the fact that the attorney general himself was a focus of the Russia investigation, even if only peripherally and temporarily, shows how entangled the Trump administration has become in the case. Mr. Sessions is recused from any aspect of the investigation.
The investigation also adds a new layer to Mr. McCabe’s firing. Mr. McCabe’s lawyers have said that he did not lie and acted quickly to fix any inaccuracies or misunderstandings. Mr. Sessions has offered a similar defense, saying he never intended to mislead Congress.

. . . .

Mr. McCabe’s allies have pointed in recent days to these clarifications and asked why Mr. McCabe did not receive the same benefit of the doubt as the attorney general. But it is impossible to compare the cases because the Justice Department’s inspector general has not released his report explaining his concerns about Mr. McCabe’s candor.

. . . .

***************************

Go to the above link to read the complete article in the NYT.

Double standards are the norm in the Trump Administration and the DOJ. Ethics laws, civil rights laws, environmental laws, asylum laws, conflict of interest laws, civil service protections all are applied selectively to favor “friends of the Administration” and punish “enemies.” Just like in any good Banana Republic like the “B.A.R.!”

PWS

03-23-18

FOUNDERING IN THE STORM: Trump & His Lawyers Deserve Each Other — That’s Why Stormy & Friends Have Been Outmaneuvering “Team Trump!”

https://www.nytimes.com/2018/03/21/opinion/donald-trump-lawyers.html

Gail Collins in the NYT:

“Gee, we’ve been hearing a ton about the turmoil in the president’s legal team. You probably have questions.

Is this something else I have to think about in the middle of the night when I’m staring at the ceiling? Because really, I’ve got enough.

We’re talking about chaos and turnover among the people defending Donald Trump in his multitudinous legal battles. If that’s the kind of thing that keeps you awake at night, it’s time to prioritize. Have a drink and relax.

I need to know immediately if I am paying to protect the president from Stormy Daniels.

No, the people getting taxpayer salaries work in the White House counsel’s office, and their job is to advise the president about what’s legal. Like, whether or not he could sign a bill banning imported scallops. Or, say, sabotage the Russia probe. The current counsel, Don McGahn, reportedly threatened to resign when Trump wanted to can Robert Mueller.

I’ve been looking for somebody to admire in the White House. Should it be Don McGahn?

Up to you. He was formerly a member of the Federal Election Commission who hated campaign-finance reform so much he once tore up the F.E.C. rule book at a meeting and threw the shredded chunks at a Democrat. He lobbied Jeff Sessions not to recuse himself from the Russia investigation. He was an enabler on that immigrant travel ban.

On the other hand, he used to be a guitarist in a rock band.

Everybody used to be a guitarist in a rock band. But about the president’s team: I know a lot of recent law school graduates who are desperate for jobs. They’re cleaning tables at Arby’s. Should I tell them there’s a lot of turnover and they ought to send in a résumé?

Have they ever been on Fox News? It definitely helps if you were a guest on Fox a lot.

I don’t understand how these busy lawyers have so much time to appear on TV.

Totally part of the job. Trump just hired Joe diGenova, who’s currently famous for having argued on Fox that a secret cabal of F.B.I. agents created the whole Russia investigation to “frame Donald Trump with a falsely created crime.”

O.K., I’ll ask the people who want to get lawyer gigs if they’d mind going on right-wing radio and saying something about how Trump is a victim of the deep state. Is the pay good?

On the government side, $179,700 is the top.

I think my friends could handle that.

There’s a guy named Ty Cobb who sort of coordinates between the president’s personal lawyers and the government on all the Russia stuff. It’s on the public tab, and to take it, he left a job that paid at least a million dollars a year.

Just tell me if he’s related to the baseball player.

I think vaguely. Anyhow, he’s gotten in trouble for talking about office politics — loudly — in a public restaurant. So I guess value depends on your perspective.

Meanwhile, the president’s lawyer John Dowd just made a fuss when he called for an end to the special counsel investigation. Which he said was Trump’s idea. Then he denied it. But it probably was.

Trump must be a difficult client, right?

Well, Michael Cohen, the Trump lawyer handling the Stormy Daniels case, said he used his very own home equity line of credit to raise the $130,000 he gave her in hush money.

On his own house? What kind of lawyer does that?

I guess a super-dedicated one. Unless somehow the president or his friends managed to funnel the cash back in a manner so subtle it will never be revealed. Until the next leak.

I can see why there’s so much turnover.

Yet sometimes it feels as if nobody ever really goes away. One of the early Trump lawyers, Marc Kasowitz, seemed to be getting crazier and crazier last summer. When a man wrote an email that he should resign, Kasowitz came back with a message that said, in part: “I’m Jewish. I presume you are, too. … I already know where you live. I’m on to you. You might as well call me. You will see me. I promise. Bro.”

For a while it looked as if Kasowitz was fading away. But now he’s back! In court arguing that as a sitting president, Trump cannot be sued by a woman who says he molested her during his “Apprentice” days.

That would be Stormy Daniels?

Oh gosh no. This is Summer Zervos, who says Trump came on with an unnerving series of gropes, and then when she resisted claimed “that he did not believe that she had ever known love or been in love.”

The interesting thing about this one is that Zervos is only suing Trump for $2,914 for defaming her when he denied the story. Kasowitz has so far been unsuccessful in arguing that the president’s denial is “political speech” protected by the First Amendment.

So the worse the team gets, the better for the country?

Right now, Stormy’s lawyer is making mincemeat of Trump’s legal representation. For the sake of argument, let’s say the special prosecutor has assembled at least as strong a team as the stripper did.

Could be an, um, stormy summer.”

**********************************************

Sure enough, John Dowd, one of Trump’s personal lawyers on the “Russia Team” resigned on Thursday!

PWS

03-23-18

ANOTHER WASHPOST LEAD EDITORIAL RIPS CRUEL, INHUMANE, ADMINISTRATION POLICIES ON SEPARATING CHILDREN – In Plain Terms, Our Government Is Engaging in Child Abuse!

https://www.washingtonpost.com/opinions/dhs-keeps-separating-kids-from-their-parents–but-officials-wont-say-why-or-how-often/2018/03/20/0c7b3452-2bb4-11e8-8ad6-fbc50284fce8_story.html?utm_term=.8fe0d0d7b420

DHS keeps separating kids from their parents — but officials won’t say why or how often

Immigration and Customs Enforcement headquarters in Washington. (Salwan Georges/The Washington Post)

By Editorial Board March 20 at 7:31 PM

LAST FRIDAY night, a 7-year-old Congolese girl was reunited with her mother in Chicago, four months after immigration agents of the Department of Homeland Security separated them for no defensible reason. When the little girl, known in court filings as S.S., was delivered by a case worker to her mom, the two collapsed to the floor, clutching each other and sobbing. According to the mother’s lawyer, who was in the room, S.S., overwhelmed, cried for the longest time.

That sounds like a happy ending to a horrific story. In fact, according to immigrant advocates, such separations are happening with increasingly frequency — with no credible justification.

In the case of S.S. and her mother, known in court filings as Ms. L., the trauma visited on a little girl — wrenched from her mother, who was detained in San Diego, and flown nearly 2,000 miles to Chicago — was gratuitous. A U.S. official who interviewed Ms. L. after she crossed the border into California determined she had a reasonable asylum claim based on fear for her life in her native Congo. Despite that, mother and daughter were torn apart on the say-so of an immigration agent, and without explanation.

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A DHS spokesman, Tyler Houlton , says separating children from their parents is justified when paternity or maternity is in doubt, or when it is in a child’s best interest. However, in court filings, officials present no cause for doubt about Ms. L.’s maternity, nor evidence that it was in S.S.’s “best interest” to be taken from her mother last November, when she was 6 years old.

Rather, in court filings, an official from Immigration and Customs Enforcement, a DHS agency, lists some documentary discrepancies on Ms. L.’s part, in which officials in Angola, Panama and Colombia recorded different versions of her name. Never mind the translation problems she may have encountered in Latin America as a speaker of Lingala, a language spoken only in central Africa.

Even if Ms. L. fudged her identity, how would that justify taking away her child? And if there were doubts about Ms. L.’s maternity, why didn’t ICE request a DNA test at the outset, before sundering mother and child? When a DNA test was finally done — four months later — it immediately established Ms. L.’s maternity.

Immigrant advocates say DHS has separated children from immigrant parents scores of times in recent months, perhaps to deter other asylum seekers by trying to convince them the United States is even more cruel than their native countries. Officials at DHS have floated that idea publicly in the past year. They insist it is not their policy. However, they also have declined to provide statistics showing the frequency of separations.

Responding to a class-action lawsuit filed by the American Civil Liberties Union on behalf of parents separated from their children, ICE insists it has done nothing so outrageous that it “shocks the conscience” — a Supreme Court standard for measuring the denial of due-process rights.

Here’s a question for Homeland Security Secretary Kirstjen Nielsen: If it does not “shock the conscience” to traumatize a little girl by removing her from her mother for four months in a land where she knows no one and speaks no English, what does “shock the conscience”?

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Stop the Trump Administration’s program of turning America into a reviled human rights abuser! What about “Gonzo Apocalyto’s” policies of turning our Immigration Courts into “enforcement deterrents” rather than protectors of fairness and Due Process?

Join the New Due Process Army now! Resist in the “real’ courts. Vote Trump, his abusers, and his enablers out of office!

Harm to the most vulnerable among us is harm to all of us. Due Process Forever!

PWS

03-21-18

VIEWS YOU CAN USE: SOPHIA GENOVESE SETS FORTH A BLUEPRINT FOR LEGAL RESISTANCE TO WHITE NATIONALIST XENOPHOBIA & SESSIONS’S ASSAULT ON HUMAN RIGHTS & THE RULE OF LAW FOR ASYLUM SEEKERS!

https://www.lexisnexis.com/legalnewsroom/immigration/b/immigration-law-blog/archive/2018/03/20/sessions-likely-to-end-asylum-eligibility-for-victims-of-domestic-violence-how-courts-can-resist.aspx?Redirected=true

Sophia writes at LexisNexis Immigration Communities:

“Violence against women is the most pervasive and underreported human rights violation in the world. Whether you live on the Upper East Side or in Gugulethu, South Africa, you likely know a woman or girl who has been the victim of sexual or gender-based violence. Maybe you are that woman or girl.[i]

International asylum frameworks have long grappled with how to address this gender-based persecution. After years of debating whether victims of domestic violence have a legitimate claim to asylum, the US Board of Immigration Appeals (BIA) finally recognized in 2014 that married women who are unable to leave their relationships may constitute a cognizable particular social group for the purposes of seeking asylum. Matter of A-R-C-G-, 26 I&N Dec. 388 (BIA 2014); see also Matter of D-M-R- (BIA June 9, 2015) (clarifying that a victim of domestic violence need not be married to her abuser). Although some advocates argue the decision does not go far enough, the protections and opportunities that Matter of A-R-C-G– have provided to thousands of women cannot be understated. Despite these advancements, Attorney General Jeff Sessions has questioned whether such claims to asylum are legitimate by referring to himself a BIA case, Matter of A-B- (BIA Dec. 8, 2016), where the Board found that a victim of domestic violence was indeed eligible for asylum. Pursuant to 8 C.F.R. § 1003.1(h)(1)(i) (2017), Sessions may refer a case to himself for review, and has asked each party to submit briefs on “[w]hether, and under what circumstances, being a victim of private criminal activity constitutes a cognizable ‘particular social group’ for purposes of an application for asylum or withholding of removal.” Matter of A-B-, I&N Dec. 227 (A.G. 2018).

As brief background, in order to be granted asylum, the applicant must show that they have suffered past persecution or have a well-founded fear of future persecution on account of their race, religion, nationality, membership in a particular social group, or political opinion, and that he or she is unable or unwilling to return to, or avail himself or herself of the protection of, their country of origin owing to such persecution. 8 C.F.R. § 1208.13(b)(1) & (2). To be granted asylum based on one’s membership in a particular social group, the applicant must show that the group is “(1) composed of members who share a common immutable characteristic, (2) defined with particularity, and (3) socially distinct within the society in question.” Matter of A-R-C-G-, 26 I. & N. at 392. As set forth in Matter of Acosta, 19 I&N Dec. 211, 212 (BIA 1985), a “common immutable characteristic” is defined as “a characteristic that either is beyond the power of the individual members of the group to change or is so fundamental to their identities or consciences that it ought not be required to be changed.” Under Matter of W-G-R-, 26 I&N Dec. 208 (BIA 2014) and clarified in Matter of M-E-V-G-, 26 I&N Dec. 227 (BIA 2014), the social group must be defined with “particularity,” or be defined by boundaries of who is actually a member of the group. Finally, as explained in Matter of W-G-R-, “social distinction” is defined as the ‘recognition’ or ‘perception’ of the particular social group in society. 26 I&N Dec. at 216. The applicant must also show that her persecution was on account of her membership in the social group, and that the government in her country of origin is unable or unwilling to afford her protection from such persecution.

In Matter of A-R-C-G-, the Board found that the lead respondent had met her burden in establishing eligibility for asylum, and held that “[d]epending on the facts and evidence in an individual case, ‘married women in Guatemala who are unable to leave their relationship’ can constitute a cognizable particular social group that forms the basis of a claim for asylum or withholding of removal.” 36 I&N Dec. at 388. In this case, the lead respondent was married to a man who regularly beat her, raped her, and on one occasion, burned her. She had contacted local authorities several times to escape her abuser, but was told that the police would not interfere with domestic matters. The respondent had even moved out, but her husband found her and threatened to kill her if she did return. Fearing for her life, and knowing that she could not be safe if she stayed in Guatemala, the respondent fled to the United States.

The Immigration Judge in Matter of A-R-C-G- found that the respondent’s abuse was the result of “criminal acts, not persecution,” and further found that the respondent was not eligible for asylum. On appeal, the BIA found that “married women in Guatemala who are unable to leave their relationship” is indeed a cognizable social group. First, the BIA asserted that the immutable characteristic in this matter was “gender,” and also found the marital status would satisfy the requirement where the woman is unable to leave the relationship. Second, the BIA found that the particular social group had been defined with particularity, where “married,” “women,” “who are unable to leave their relationship” have commonly accepted definitions in Guatemala, stating that it was particularly significant that the respondent had sought protection from the police but was denied protection due to her social group. Finally, the BIA found that the group was socially distinct in society, where Guatemala has a culture of “machismo and family violence,” where the respondent’s social group is easily perceived and recognized in Guatemalan society, and where Guatemala has created laws to protect the respondent’s social group, but has failed to successfully implement them. The BIA cautioned in their decision that particular social group analyses in cases that involve victims of domestic violence will depend heavily on the facts, including country conditions.

. . . .

Despite the BIA’s findings, and decades of tireless efforts by advocates, Attorney General Sessions now refers the case to himself and has asked parties to submit briefs on “whether, and under what circumstances, being a victim of private criminal activity constitutes a cognizable ‘particular social group’ for purposes of an application for asylum or withholding of removal.” Matter of A-B-, 27 I&N Dec. 227 (A.G. 2018). There may have been bad faith on the part of the Immigration Judge below who held up A-B-’s case on remand, then sent it back to the BIA eight months later by raising a “facially bogus legal issue,” only to have AG Sessions refer the case to himself and stripping the BIA of jurisdiction.

Sessions has made clear his animus against immigrants, especially those fleeing persecution and seeking asylum in the United States, along with their ‘dirty’ immigration lawyers. The referral of the A-B- case to himself is yet another instance of such xenophobia on full display, where he seeks to deny protection to some of the most vulnerable populations in the world. While we hope this is not the case, Sessions will likely reverse the BIA’s findings on the Matter of A-B- case and declare that victims of domestic violence are no longer eligible for asylum in the United States, thus uprooting Matter of A-R-C-G- and particular social group claims based on domestic violence. Indeed, attempting to reverse the ability of a victim of domestic violence to seek asylum goes beyond being anti-immigrant. It is a full-frontal attack on human rights and undermines international obligations to provide protection to people fleeing persecution. The respondent in Matter of A-B- will thus need to appeal to a federal appellate court to overrule Sessions.

One can hope that if successful on appeal, Matter of A-B- has the potential to broaden asylum eligibility for victims of domestic violence by returning to the Acosta definition of particular social group, and clarify what Matter of A-R-C-G- left untouched, such as the nexus requirement and the inability or unwillingness of governments to provide victims protection from their abuses.

**********************************************

Go on over to LexisNexis at the above link for Sophia’s much longer full article.

More and more individuals are publicly “outing” the clear bias, White Nationalism, lifelong xenophobia, and disingenuous misstatements of facts, manipulation of the process, and disrespect for the true rule of law and our Constitutional guarantees of Due Process for all, which should have disqualified Jeff “Gonzo Apocalypto” Sessions from ever becoming the Attorney General and assuming control over the US. Immigration Courts. But, as Sophia cogently points out, by winning cases in the Article III Courts, the “NDPA” can actually turn the tables on Sessions and his restrictionist cronies by putting important principles of immigration law and fairness beyond their biased grasp.

Harm to the most vulnerable among us is harm to all of us! Go New Due Process Army! Due Process Forever!

PWS

03-21-18

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